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N 11

June 2017

Self-employed and smart working


By Salvatore Trifir and Barbara Fumai

June 2017, lawmakers enacted what already known as statue


of the self-employed workers.

The Act provide on one hand for non- entrepreneurial self-


employed work and on the other hand provide for smart
working.

The Act entrenches protection of independent work, provides


against late payment by companies and government agencies
,other clauses regard terms of the contract, unlawful
termination of contract without notice .

The Act provide a new frame work for pregnancy, sick leave and occupational injuries. The Act sets a
maximum of 150 days a year away from work for self-employed who have continuing relationship with the
employer.

In case of maternity the self-employed may be replaced by other independent workers she chooses and with
the consent of the employer.

Rules regarding obligations of the employer as to workplace safety and hygiene remain unchanged.

Self-employed compensation may not be inferior to compensation perceived by employees working on the
premise.

Preliminary Investigations and Privacy: What you can


request to the Candidate
By Damiana Lesce and Valeria De Lucia

The employer must follow the Privacy Policy in all the activities
related to the business process and in particular whenever he
deals with employee information for the employment relationship
management.

This duty is already present before the stipulation of the


employment contract.
N 3
September 2016
In fact, the future employer must respect the privacy of the potential employee, as if he were already an
employee. In this case, the Privacy Policy crosses the Workers' Statute.

In fact, the Data Protection Authority has stated that the employer who is willing to hire a person must use
its personal data, respecting both the limits imposed by the Privacy Act and those already provided in the
Employees' Statute.

The jurisprudence has dealt with the issue of investigations directed to the recruitment, excluding the legality
of investigations into all aspects of the private life of the candidate. Thus, the difference between lawful and
unlawful investigations lies on the relevance of the information in relation to the tasks of the worker.

Therefore, collecting the data relating to the candidate's private life is unlawful if it affects the privacy right
of the candidate and is not significant for the employer. Significant is the information gathered to check the
professional skills of the candidate, such as a precise intellectual or manual ability required to perform a
determinate job.

The process of acquisition of the information is affected by this issue as well. International law on personal
data protection requires that employees themselves must be the primary source of the information
concerning them.

Indeed, both the Recommendation no. R (2015) 5 of the Council of Europe, and the "Code of Practice"
adopted by the ILO in 1997 affirm: all personal data should, in principle, be obtained from the individual
worker.

Roger Water new album


The Court of Milan for intellectual property has granted interim relief to
the claim of plagiarism moved by renowned artist Emilio Isgr, counseled
by Salvatore Trifir and Francesco Autelitano, against Roger Waters new
album Is This The Life We Really Want.

Emilio Isgr is famous for his peculiar style consisting in erasing all the
words in a page. His works are exhibited at New York Moma, Paris
Pompidou and Guggenheim in Venice etc.

The Court ordered Sony to stop marketing Roger Waters disc in CD and
vinyl format, being in violation of copyright.

Salvatore Trifir says put Waters album and a work by Isgr side by side and what you see is not distant
inspiration or a clear quotation, but a blatant case of plagiarism.

Some reviews associated Rogers album with the artist although Isgr was never contacted at any stage of
the project.

The Judge doesnt exclude alternative means of commercialization other than CD and vinyl formats, as the
current formats violate I P.

Sony presented its defence, the Judge postponed the hearing to 19 July 2017 and during this period the two
parties will try to make an agreement.

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